State v. Wheatley
2011 Ohio 1997
Ohio Ct. App.2011Background
- Wheatley was convicted by jury of breaking and entering (Fifth Degree) in the C.U.P. break-in and sentenced to 12 months plus 747 days for post-release-control violation, to be served consecutively.
- C.U.P. in Lima was broken into during a weekend closure; freezer meat and blood-stained fragments were recovered; a fingerprint matched Perrine and Perrine’s blood matched the scene.
- Perrine identified Wheatley as being with him at the time of the break-in; Wheatley admitted to the break-in in a custodial interview with Det. Stechschulte.
- Wheatley was interviewed on August 4, 2010, after arrest; the interview was recorded on DVD; Wheatley admitted involvement but claimed Perrine did the entry.
- Wheatley argued trial counsel was ineffective for failing to file a suppression motion to exclude his statement; the trial court conducted a suppression analysis.
- The appellate court held the Miranda waiver was voluntary and that suppression would not have been successful, thus counsel’s performance was not deficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to suppress | Wheatley contends suppression would have succeeded and counsel was ineffective. | Wheatley asserts counsel should have moved to suppress; failure to do so prejudiced trial. | No ineffective assistance; suppression unlikely to succeed; waiver valid. |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (1966) (necessity and validity of Miranda warnings and waivers)
- State v. Gumm, 73 Ohio St.3d 413 (1995) (totality of circumstances for voluntariness of waiver)
- State v. Campbell, 90 Ohio St.3d 320 (2000) (factors for voluntariness under Edwards framework)
- State v. Edwards, 49 Ohio St.2d 31 (1976) (custody, interrogation, and voluntariness considerations)
- State v. Hoffman, 129 Ohio App.3d 403 (1998) (presumption of competent representation for attorneys)
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (ineffective assistance standard and suppression necessity)
- State v. Robinson, 108 Ohio App.3d 428 (1996) (reasonable probability standard for prejudice)
- State v. Ligon, 2001-Ohio-2231 (2001) (conditions for probable success of suppression motion)
- Lather, 110 Ohio St.3d 270 (2006) (Miranda waiver evaluation and totality of circumstances)